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Criminal procedure

abuse of process

Abuse of process is the improper use of the courts and other legal processes for an improper or unlawful motive or purpose, such as harassment or coercion. Abuse of process is an intentional tort (wrong) and may arise in a civil or criminal proceeding.

In North Carolina, abuse of process is recognized as a civil cause of action that occurs when an individual uses the legal process against another individual with an ulterior motive, rather than to seek a legitimate legal remedy. The elements of abuse of process in North Carolina typically include an ulterior motive or purpose and a willful act in the use of the process that is not proper in the regular conduct of the proceeding. This means that the legal process must be used for something other than its intended purpose, such as to harass, intimidate, or coerce someone. Victims of abuse of process can potentially recover damages, including attorney's fees, if they can prove that the process was misused and that they suffered harm as a result. It is important to note that merely initiating a lawsuit with a weak legal basis is not considered abuse of process; there must be evidence of misuse of the process for an illegitimate end. This tort is separate from malicious prosecution, which involves wrongfully subjecting someone to a legal proceeding without probable cause.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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North-Carolina State Code

North-Carolina State Code

Criminal procedure

abuse of process

Articles